PENGAMBILAN KEPUTUSAN DENGAN METODE CIRCULAR RESOLUTION DALAM PERSEROAN TERBATAS SEBAGAI BADAN HUKUM

Cenggana, Livia (2016) PENGAMBILAN KEPUTUSAN DENGAN METODE CIRCULAR RESOLUTION DALAM PERSEROAN TERBATAS SEBAGAI BADAN HUKUM. S1 thesis, UAJY.

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Abstract

This thesis is about the Law Number 40 of 2007 about Limited Company on section 91. It regulates that shareholders may take any resolutions outside the general meeting of the shareholders which is known as circular resolution. The type of this research is legal normative that is done by observing the norm of the positive law and with a literature study. The purpose of this research is to find out the legality of the resolutions which is resolved by circular resolution and the different regulation of circular resolution in a public company. The research’s results are that the legality on circular resolution is legal as long as all of the shareholders agreed the resolutions in written and in a public company the shareholder cannot take any resolution by circular because there are a lot of shareholders that own a public company so that is impossible to circulate the resolution one by one to every shareholders. Resolutions which are taken by circular resolution are the same resolution taken by general meeting. There is limitation for acts that can be resolved by circular resolution, only the extraordinary general meeting of the shareholders is allowed.

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